Gay Rights and Other Rights in Kansas

Kansas is one of a few states considering a bill that would allow businesses to decline service to homosexuals, and all the bien pensant around here are in even higher than usual dudgeon about it. The local hipster weekly is calling the bill a step back into the dark ages and seems to expect the imminent return of burnings at the stake and papal pears, the more restrained corporate daily paper has run an editorial merely likening it to Jim Crow, and our Facebook page is filled with postings from vaguely familiar “friends” who are once again declaring their shame at living in the state.
At the risk of sounding even more than usual like provincial prairie bumpkins, we are not at all embarrassed to be in Kansas. We don’t believe the dire predictions that if the bill became law homosexuals would be unable to find a seat in a restaurant in Kansas, a possibility even more remote than encountering a heterosexual waiter at the better eateries in this or any other state, and in those extremely rare cases when it might apply we think it would do more good than harm. The bill was inspired by a couple of highly-publicized stories about a baker and a photographer who chose not to involve their businesses in a same-sex wedding ceremony, and we see no reason why Kansas’ bakers and photographers and other businesses with similar moral objections shouldn’t be free to do the same without fear of legal consequences. In the interests of tolerance and diversity, the two values the bien pensant most love to blather on about, diverse opinions regarding same-sex marriage must be tolerated.
Setting the controversy about the advisability of state-sanctioned same-sex marriages aside, there is a more consequential matter of allowing citizens to conduct their businesses according to the dictates of their own consciences. The estimable Kevin Williamson over at the venerable National Review proposed an intriguing thought experiment in which the notoriously homosexual-hating Fred Phelps and his cult at Topeka’s Westboro Baptist Church insisted that a rainbow flag-flying member of the Gay and Lesbian Chamber of Commerce rent out its party room for one of his frequent “God Hates Fags” rallies, and we don’t have to wonder if those criticizing the proposed bill would defend the business’ right to refuse. We’d certainly defend anyone’s right to not deal with Phelps, and we’ve had enough dealings with the man over the years that we’d be especially adamant about it, but we can’t endorse any law that would protect that right without denying it to those who still hold to the traditional idea of marriage.
An actual face-to-face friend whose opinions we take seriously argued over a recent beer that the law should be vigilant in protecting the rights of embattled minorities, a point well-taken, so we noted that these days it seems to be the fuddy-duddy photographers and bakers who are in need of protection from the rhetorical and legal lynch mobs. That traditional idea of marriage extended through the past several millennia, prevailed in every world civilization until quite recently, and was even endorsed by the oh-so-bien-pensant President of the United States until the polls allowed him to back out, but the current fashion for same-sex marriage seems to have overwhelmed such long-established civilizational inclinations. For some reason a similar bill in Arizona seems to be getting all the headlines, with such former bastions of traditionalism as the last Republican presidential candidate and the National Football League heaping on their condemnation, and the Attorney General of the United States is urging the attorneys general of the various united states to ignore their laws against same-sex marriage. Anyone willing to defy such official opprobrium is entitled to feel a wee bit embattled and minor.
Unfashionable as it may be, we’ll stick with freedom of association. It’s good for the baker or photographer who doesn’t want to be involved in a same-sex marriage, won’t prevent a same-sex couple from finding another baker or photographer, and if the fashions change as they are wont to do it will be good for that rainbow flag-flying Gay and Lesbian Chamber of Commerce member who doesn’t want to work for Fred Phelps.

— Bud Norman

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